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Article 2. Main principles of legal regulation of labor relations and other relations directly linked to them






PART ONE

SECTION I. GENERAL PROVISIONS

CHAPTER 1. BASIC PRINCIPLES OF THE LABOR LAW

Article 1. Purposes and objectives of the labor law

The purposes of the labor law shall be setting official state guarantees of the labor rights and freedoms of the nationals, creating favorable conditions for work, protecting rights and interests of employees and employers.

The main objectives of the labor law shall be creating the necessary legal conditions for achieving an optimal harmonization of the parties to labor relations' interests, the state's interests as well as legal regulation of labor relations and other relations directly linked to them as for:

organization of labor and management of labor;

job placement with a specific employer;

professional training, re-training and skill improvement of employees directly at a certain employer's facilities;

social partnership, collective bargaining, concluding collective contracts and agreements;

participation of employees and of labor unions in determining working conditions and in applying the labor law in the cases stipulated by the law;

material liability of employers and employees in the sphere of labor;

surveillance and control (including control by labor unions) of compliance with the labor law (including the law on occupational safety);

settlement of labor disputes.

Article 2. Main principles of legal regulation of labor relations and other relations directly linked to them

Based on the generally accepted principles and norms of international law and pursuant to the Russian Federation Constitution the main principles of legal regulation of labor relations and other relations directly linked to them shall be recognized as:

freedom of labor, including the right to work which everyone shall freely choose or freely agree to, the right to dispose of one's capacity for work, choose trade or profession and the kind of activities;

prohibition of forced labor and discrimination in the sphere of labor;

protection against unemployment and assistance in job placement;

safeguarding the right of every employee to equitable work conditions, including the work conditions meeting safety and health requirements, the right to rest and leisure, including limitations of working hours, provision of daily rest, days-off and non-working holidays, paid annual vacations;

equality of employees' rights and opportunities;

safeguarding the right of every employee to timely and complete payment of equitable wages ensuring the decent human sustenance for himself/herself and his/her family and not being lower than the minimal wage set by the federal laws;

safeguarding employees' opportunities, without any discrimination, for carrier advancement with account for work performance, skills and the job seniority as well as for professional training, re-training and skill improvement;

safeguarding the employees' and employers' right of association for protection of their rights and interests, including the right of employees to organize labor unions and join them;

safeguarding the right of employees to participate in the organization's management in the forms stipulated by law;

combining state and contractual regulation of labor relations and other relations directly linked to them;

social partnership which includes the right of employees, employers, their associations to participate in contractual regulation of labor relations and other relations directly linked to them;

liability for damage to the employee caused by his/her performance of work duties;

establishing official state guarantees on safeguarding rights of employees and employers, exercising official state surveillance and control of compliance with them;

safeguarding everyone's right to official state protection of his/her labor rights and freedoms, including by judicial process;

safeguarding the right to settlement of individual and collective labor disputes as well as the right to strike in the manner set by this Code and other federal laws;

duties of the parties to a labor contract to honor the terms and conditions of the contract agreed upon, including the right of the employer to require the employees to perform their work duties and take proper care of the employer's property and the right of employees to require the employer to honor its duties and liabilities concerning the employees, the labor laws and other acts containing the labor law norms;

safeguarding the right of labor union representative to exercise labor union control of compliance with the labor laws and other acts containing the labor law norms;

safeguarding the right of employees to protection of their dignity in the framework of their labor activities;

safeguarding the right to mandatory social insurance for employees.






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